Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 87

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 87

Privilege having been claimed in relation to the ‘Gulley’ documents was not that of Mr Marsden, but of Mr Pearce, client of Mr Gulley. There was no conduct amounting to a waiver of privilege; the defendant’s application for access was therefore declined.

Jurisdiction
Australia
Judgment Date
24 February 2000
Procedural Posture
Defamation / Interlocutory Application
Outcome
Application declined. Privilege upheld.
Legal Topics
['legal Professional Privilege' 'waiver of Privilege' 'access to Documents']
['evidence' 'defamation'] ['legal Professional Privilege' 'waiver of Privilege' 'access to Documents']

Case Brief

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Procedural Posture

Defamation / Interlocutory Application

Legal Issues

  1. 1 ["Whether privilege claimed over 'Gulley' documents was waived, entitling the defendant to access them"]

Ratio Decidendi

Privilege having been claimed in relation to the ‘Gulley’ documents was not that of Mr Marsden, but of Mr Pearce, client of Mr Gulley. There was no conduct amounting to a waiver of privilege; the defendant’s application for access was therefore declined.

Court Disposition

Application declined. Privilege upheld.

Orders

  • ["The application by the defendant for access to the 'Gulley' documents is declined."]